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STATE v. NICHOLS

253 N.J. Super. 273 (1992)

601 A.2d 753

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SCOTT NICHOLS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1992.

Attorney(s) appearing for the Case

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant (Andrew K. Ruotolo, Jr., Union County Prosecutor, attorney; Steven J. Kaflowitz, of counsel and on the brief).

Richard S. Lehrich, argued the cause for respondent.

Robert J. Del Tufo, Attorney General, submitted a brief on behalf of amicus curiae Attorney General of New Jersey (Catherine A. Foddai, Deputy Attorney General, of counsel and on the brief).

Wilfredo Caraballo, Public Defender, submitted a brief on behalf of amicus curiae Public Defender of New Jersey (Ruth Bove, Assistant Deputy Public Defender, of counsel and on the brief).

Alan L. Zegas submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers.

Before Judges PRESSLER, SHEBELL and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D.

Defendant is under indictment for aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a). The alleged victim of the assault is a thirty year old woman who defendant fathered out of wedlock. The alleged victim was raised by her mother and did not learn the identity of her father until a couple of years before the assault. Anxious to establish a relationship with her father, the alleged victim...

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